TRIBAL COUNCIL OF THE NORTHERN CHEYENNE TRIBE NORTHERN CHEYENNE INDIAN RESERVATION LAME DEER, MONTANA ORDINANCE NO. D (2014)

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2 TRIBAL COUNCIL OF THE NORTHERN CHEYENNE TRIBE NORTHERN CHEYENNE INDIAN RESERVATION LAME DEER, MONTANA ORDINANCE NO. D (2014) AN ORDINANCE OF THE NORTHERN CHEYENNE TRIBAL COUNCIL AMENDING ORDINANCE NO. D TO CORRECT AND CONSOLIDATE THE GOVERNING DOCUMENT KNOWN AS NORTHERN CHEYENNE TRIBAL BOARD OF HEALTH ORDINANCE. WHEREAS; the Northern Cheyenne Tribal Council is the governing body of the Northern Cheyenne Indian Reservation by authority vested in it pursuant to the Amended Constitution and Bylaws of the Northern Cheyenne' Tribe as approved by the Secretary of the Interior on May 31st, 1996; and, WHEREAS; the Tribal Council is authorized under Article IV, Section 1 (i) of the Amended Constitution and Bylaws of the Tribe to promulgate and enforce ordinances; and, WHEREAS; the Tribal Council is authorized under Article IV, Section 1 (m) of the Amended Constitution and Bylaws of the Tribe to administer charity and to protect the health and general welfare of the Tribe; and WHEREAS; the Tribal Council is empowered to under Article IV, Section 1 (s) to delegate to subordinate boards or officers or to cooperative associations which are open to all members of the Tribe any of the foregoing powers, reserving the right to review any action taken by virtue of such delegated powers; and. THEREFORE BE IT ORDAINED AND ENACTED that the Northern Cheyenne Tribal Council hereby amends Ordinance No. DOI-029 (2011) to be adopted in lieu of previous Tribal Council Ordinances, Resolutions. and amendments pursuant to the authority vested in the Northern Cheyenne Tribe by its Amended Constitution and Bylaws, and its authority to provide for the health, safety, morals and welfare; the Northern Cheyenne Tribal Council hereby establishes the public body Made up of Tribal members to known as the Northern Cheyenne Tribal Board of Health (hereinafter referred to as "NCTBH"), and enacts this Ordinance which shall establish the purposes, power and duties of the Northern Cheyenne Tribal Board of Health. The Tribal Council hereby determines that all actions taken by the Northern Cheyenne Tribal Board of Health and all rights and obligations of the Northern Cheyenne Tribal Board of Health which have been established as a result of the powers it derived from the original ordinance and its amendments, are not to be invalidated by the adoption of this Ordinance. THEREFORE BE IT ORDAINED that the NCTBH will continue to operate under the Northern Cheyenne Tribe's System of Operations, including the five Manual Systems: 1. Personnel; 2. Finance; 3. Procurement-Purchasing; 4. Property; and, 5. Travel.

3 ARTICLE I DECLARATION OF NEED The NCTBH hereby declares the following: 1. That there exists within the area of the jurisdiction of the Northern Cheyenne Tribe the need for comprehensive and strategic health planning. 2. That unmet health conditions exist within the area of the jurisdiction of the Northern Cheyenne Tribe; 3. That meeting the health care needs of tribal members are government functions of Tribal concern; 4. That the necessity in the public interest for the provisions hereinafter enacted is hereby declared as a matter of legislative determination. ARTICLE II PURPOSE The NCTBH shall be organized and operated for the following purposes: 1. To negotiate and administer funds as authorized by the Northern Cheyenne Tribal Council; 2. To serve as the principal health administrative office for comprehensive and strategic health planning, data collection, assessment, evaluation, development, and organization for the Northern Cheyenne Tribe. 3. To function as the primary health affairs advisor to the Northern Cheyenne Tribe. 4. To provide advice on short and long-term comprehensive health planning, evaluation and development appropriate for achieving exemplary health care systems and facilities for the Northern Cheyenne Tribe. 5. To coordinate and develop and/or cause to be developed to their maximum potential and utilization all appropriate and available resources of the Northern Cheyenne Tribe, the federal and state governments and agencies, and groups or individuals meaningful to the improved health of the Northern Cheyenne Tribe. 6. To foster and improve the quality of health and well-being of the Northern Cheyenne Tribe. 7. To identify and recommend standards, priorities, and policy to achieve exemplary health care on the Northern Cheyenne Reservation. 2

4 8. Collaborate with entities formed to accomplish any of the above-described purposes. ARTICLE III DEFINITIONS The following terms, wherever used or referred to in this Ordinance shall have the following respective meanings, unless a different meaning clearly appears from the context: "Area of Operation" means all areas within the jurisdiction of the Northern Cheyenne Tribe. "Board" means the Board of Commissioners of the NCTBH. "Commissioner" means a member of the NCTBH Board of Commissioners. "Council" means the Northern Cheyenne Tribal Council. "Federal Government" includes the United States of America, or any other agency or instrumentality of the United States of America. ARTICLE IV BOARD OF COMMISSIONERS 1. (a) (1) The affairs of the NCTBH shall be managed by the Board of Commissioners, composed of five (5) persons representing each of the five districts of the Northern Cheyenne Indian Reservation. (2) Board members shall be appointed by the Tribal President with the concurrence of the Tribal Council and may be reappointed by the Tribal President with the concurrence of the Tribal Council. In considering reappointment or replacement of a Commissioner whose term has expired, the Tribal President and the Council shall give great consideration to the performance of the Commissioner and the NCTBH, as measured by NCTBH's Annual Reports, during their term of office. A certificate of the Secretary of the Council as to the appointment or reappointment of any Commissioner shall be conclusive evidence of the due and proper appointment of the Commissioner. (3) A Commissioner shall be a member of the Tribe and may not be a member of the Tribal Council, with the exception of the two ex-officio members. There shall be Five (5) Commissioners, one Commissioner representing each of the Five (5) Reservation Districts: Lame Deer, Busby, Ashland, Muddy and Birney. A Commissioner must reside in the District he or she represents in accordance with the residency standard the Tribe's Election Ordinance utilizes. A Commissioner that moves outside of his or her District while he or she is sitting on the Board, shall automatically forfeit his or her seat. 4) Two Tribal Council Members shall be appointed by the Tribal President with the concurrence of the Tribal Council to serve as non-voting ex-officio members of the 3

5 NCTBH. Their term shall coincide with their term of office as Tribal Council Members, and they can be removed without cause by majority vote of the Tribal Council. These two ex-officio Board members are entitled to present issues and discuss business but they cannot make motions, second motions, or vote and they cannot serve as officers or be counted for purposes of constituting a NCTBH quorum. The two ex-officio Board members serve as liaisons between the NCTBH and the Northern Cheyenne Tribal President and Council and they, and other Tribal Council representatives, are entitled to the current rate for travel and per diem expenses, but no monetary compensation, to attend NCTBH meetings that are 40 miles from the offices of the NCTBH. (b) The term of office for Commissioners shall be four years, which runs concurrently with the four-year term of office of the Tribal President. Each Commissioner shall hold office until his/her successor has been appointed and qualified, unless earlier resigning or removed from office pursuant to this Ordinance, in which case the removal shall be final and immediate. (c) At their Annual Meeting, the Board shall elect from its members a Chairman, Vice- Chairman, and Secretary. In the absence of the Chairman, the Vice-Chairman shall preside; and in the absence of both the Chairman and Vice-Chairman, the Secretary shall preside. (d) At any time, a Commissioner may voluntarily resign his or her position, or may be removed by a majority vote of the NCTBH Board for cause. Cause may include but is not limited to serious inefficiency, neglect of duty or misconduct in office. Standards of conduct that govern Tribal Officials shall apply to Commissioners and may be used as standards in determining whether there is sufficient cause to remove a Commissioner. A Commissioner must be given an opportunity to appear before the Board and be heard prior to being removed; and must be provided a written notice of the specific charges against him/her at least ten (10) days prior to the hearing. At any such hearing, the Commissioner shall have the opportunity to be heard in person or by legal counsel (at his/her own expense) and to present witnesses in his/her behalf. In the event of removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon shall be filed with the Tribal Council. A Commissioner may also be removed by the Tribal Council at their discretion, by majority vote, without cause. (e) The Commissioners shall receive compensation for their services in the amount of $125 per Board meeting or day of service; and $25 show up pay for Board meetings attended, at which a quorum was not attained. Should this rate of compensation be adjusted for inflation and updated by the Tribal Council, then that current rate shall prevail and an amendment to this Ordinance shall not be required. Commissioners shall be entitled to compensation for expenses, including travel and per diem, incurred in the discharge of their duties pursuant to the Northern Cheyenne Tribal Travel Policy. (f) A majority of the full Board (three members, not including ex-officio members) shall constitute a quorum for the transaction of business; and at least three votes in favor, are required to approve any action of the NCTBH. (g) The Board shall designate a Recorder who shall keep complete and accurate records of all meetings and actions taken by the Board. 4

6 (h) The Program Directors and the Tribal Health Administrator shall make written quarterly reports to the Board. The Tribal Health Administrator shall submit an Annual Report no later than December 31st of each year, in written form, to the Board and the Tribal Council. NCTBH Financial records shall be maintained in conformance with the Financial System of Operations of the Northern Cheyenne Tribe. 2. Meetings of the Board shall be held at regular intervals and as provided in the By-Laws. Special meetings may be held upon notice given by the Chairman of the Board, at his/her discretion or upon the request of three members of the Board, at such place, date, and time as shall be fixed by the notice. 3. Telephonic meetings shall be allowed under the following conditions: a. All members participating can be heard and can participate in the discussion. b. Notice is given in the same manner as for a regular meeting, and c. A quorum of members participates in the telephone meeting. ARTICLE V POWERS 1. The NCTBH shall have perpetual succession in its own name. 2. The NCTBH shall have the following powers, which it may exercise consistent with the purpose for which it is established: (a) To adopt and use a seal. (b) To enter into agreements, contracts and understandings with any governmental agency; Tribal, Federal, State or local; or with any person, partnership, corporation or Indian tribe; and to agree to any conditions attached to Federal financial assistance; consistent with the Northern Cheyenne Tribe's System of Operations. (c) To undertake and carry out studies, data collection and analysis of health care needs, to prepare strategic comprehensive health care plans, and to implement strategic planning. (d) To conduct public hearings and surveys on health issues to solicit public input from Tribal membership. (e) To advise the Tribal President in connection with the Tribal President's exclusive, administrative and supervisory responsibilities over the Tribal Health Administrator, such as hiring, supervision, evaluation, compensation, and discipline, suspension, termination and other terms and conditions of employment. 5

7 (f) To recommend budgets, resolutions, ordinances, or amendments to the Northern Cheyenne Tribal Council. (g) To join tribal, state, or national associations pertaining to health matters. (h) To engage the services of professional consultants. (i) To advise the Northern Cheyenne Tribal President and Council on health related issues and policies. (j) To take such further actions as are commonly engaged in by public bodies of this character as is consistent with the Northern Cheyenne Tribe's System of Operations. (k) To adopt such NCTBH policies and procedures, as the Board deems necessary and appropriate to comply with the laws of the Northern Cheyenne Tribe. ARTICLE VI MISCELLANEOUS 1. The NCTBH will prepare an Annual Report for the Tribal Council and make those reports public. The NCTBH will also make all records available for an annual tribal audit. 2. In conducting its business, the NCTBH will follow the Northern Cheyenne Tribe's System of Operation and all applicable laws and regulations. CERTIFICATION PASSED, ADOPTED AND APPROVED by the Northern Cheyenne Tribal Council on by 7 votes for passage and adoption, 0 votes against passage and adoption, and 0 abstentions, this 9th day of September TTEST: isher, Pres ent Northern Cheyenne T be Melissa Lonebear, Secretary Northern Cheyenne Tribe SEP